The High Court has granted permission to the owner of Blarney Castle in Cork to pursue a legal challenge to two road traffic convictions over deleted CCTV evidence in his case.
Charles Colthurst is seeking a judicial review of the two convictions he received for drink-driving and dangerous driving handed down at Fermoy District Court on October 11th last year.
The two offences were said to have occurred on September 17th, 2023, when Mr Colthurst was involved in the use of a silver VW Golf on the M8, Gortnahown, Mitchelstown, Cork, and on the M8 Ballinglanna, North Kilworth, Cork.
At the High Court on Monday, David Staunton, for Mr Colthurst, successfully applied to the court for leave to challenge the two convictions over overwritten CCTV evidence.
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Mr Colthurst is seeking the judicial review quashing the order of the convictions and is further seeking a High Court order that the grant of leave will operate as a stay on both convictions.
Mr Staunton said the District Court had said CCTV sought by the defence in the matter was relevant to the case and solicitors for Mr Colthurst wrote to Fermoy Garda station on November 20th, 2023, seeking CCTV in the case to be preserved.
On November 29th, 2023, Mr Colthurst’s lawyers were told by gardaí that the CCTV from the public office where Mr Colthurst underwent Garda observation had been overwritten after 28 days and was no longer available.
The defence said that a 20-minute period of Garda observation of Mr Colthurst had not been an uninterrupted one and sought the footage. Mr Colthurst’s lawyers told the High Court that “the footage was crucial to his defence”.
The District Court judge deemed the disclosure relevant, and ordered that expert inspection of the CCTV system be facilitated and the matter was adjourned to April 12th last year.
The adjournment was to see if defence experts in CCTV could still retrieve footage from Fermoy Garda station even though it had been overwritten.
Defence technicians were able to recover footage from 16 different channels on the system and, in total, 4,401 pieces of footage, and said in October 2024 they could still identify footage from December 9th, 2023.
The footage of the public office, however, could not be recovered while other channels proved fruitful.
Lawyers for Mr Colthurst said that if the hard drive had been retained for inspection during the month of December 2023, when the prosecution were fully aware of the issues and had engaged in correspondence with the applicant, it was reasonable to assume that the footage from September 17th, 2023, would still have been available.
After adjournments during April to October last year, , the District Court heard the case and convicted Mr Colthurst of both offences.
Lawyers for Mr Colthurst claim that even if the material were deleted before the November 2023 request for the CCTV it was capable of being recovered “despite claims made to the contrary”.
The prosecution had failed to seek out, preserve or retain footage despite being requested to do so in November 2023, Mr Colthurst’s lawyers said.
At the High Court on Monday, Mr Staunton was granted leave to pursue the challenge.
Ms Justice Mary Rose Geary adjourned the matter to next month.
